ies on a continuing basis to insure hat federally assisted programs and projects are carried out in conformnce with such assurances. 38 FR 3965, Feb. 9, 1973. Redesignated at 8 FR 24650, Sept. 10, 1973] 114-50.1008 Federal share of costs. The cost to a State agency of providng the payments and assistance reuired by the regulations in this Part 14-50 shall be included as part of the ost of a program or project for which ederal financial assistance is availale to the State agency. (a) The State agency shall be eligible or Federal financial assistance with espect to such payments and assistnce in the same manner and to the me extent as other project or proram costs. (b) No payment or assistance under ection 210 or 305 shall be required or cluded as a program or project cost nder this § 114-50.1008 if the disaced person receives a payment reired by State law of eminent domain hich is determined by the Bureau or ffice to have substantially the same rpose and effect as would a payent under this paragraph, and to be art of the cost of the program or oject for which Federal financial sistance is available. (c) Bureaus and Offices may advance a State agency the Federal share of e cost of any payments or assistance the State agency pursuant to sec›ns 206, 210, 215, and 305 of the Act, en they determine that such action necessary for the expeditious cometion of a program or project. ) FR 21860, May 19, 1975] 14-50.1009 Relocation assistance programs. State agencies receiving Federal fincial assistance on a project which Il result in the displacement of perns, shall provide relocation assistce advisory services to the displaced rsons in accordance with the provins of Subpart 114-50.4 of this part. | FR 3965, Feb. 9, 1973. Redesignated at FR 21860, May 19, 1975] § 114-50.1010 Waiving of benefits. The following policy shall be observed in connection with those Federally-assisted projects which are funded in part from the Land and Water Conservation Fund: (a) Whenever a State agency provides that the owner of a single-family residence may, at his option, elect to retain a right of use and occupancy for not less than six months from the date of acquisition of such residence and such owner elects to retain such a right, such owner shall be deemed to have waived any benefits under sections 203, 204, 205, and 206 of the act and for the purposes of these sections, such owner shall not be considered a displaced person as defined in section 101(6) of the Act. (See sec. 2, Pub. L. 93-303, approved June 7, 1974.) (b) The above policy applies only to those acquisitions which occurred subsequent to June 7, 1974. (c) Retention of a residence under a use and occupancy agreement must be compatible with the intended use of the project site. Moreover, the appraisal should properly reflect the effect such a retention of use has upon the property's fair market value. (d) In no case shall a State refuse to pay relocation payments for homeowners who were allowed temporary occupancy while waiting for replacement property. (e) An owner of a single-family resiIdence who elects to retain a right of use and occupancy for not less than six months from date of acquisition of such residence shall be informed that any benefits to which he may be entitled under sections 203, 204, 205, and 206 of the Act will be deemed to have been waived as a result of such use and occupancy. [40 FR 21860, May 19, 1975] § 114-50.1011 Appeal procedure. Prior to approving any federally assisted project, heads of Bureaus and Offices administering federally assisted programs or projects which will result in the displacement of persons shall require the State agency to furnish a description of the appeal procedures that are available to such dis placed persons, to assure that any person aggrieved by a determination as to eligibility for a payment authorized by the act or the amount of a payment, may have his application reviewed by the head of the State agency. [38 FR 3965, Feb. 9, 1973. Redesignated at 38 FR 24650, Sept. 10, 1973 and 40 FR 21860, May 19, 1975] Subpart 114-50.11-Administrative Review and Appeals § 114-50.1100 Compliance reviews. The head of each Bureau or Office engaged in Federal or federally assisted programs which involve the acquisition of real property and/or the displacement of persons shall provide for such periodic review of the operations at regional and other field office levels as he deems necessary to insure proper implementation of, and full compliance with, the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the regulations in this Part 114-50. § 114-50.1101 Appeals. All eligible relocatees shall be furnished a written notice of their right to appeal. Such notification may be provided by brochure if the right to appeal is adequately described therein. § 114-50.1101-1 Appeal procedure. In Federal acquisition programs any dispute concerning a question arising under the act which is not disposed of by agreement shall be decided by the head of the Bureau or Office who shall reduce his decision to writing and mail a copy thereof to the displaced person. This decision shall be final and conclusive unless, within 30 days from date of mailing of such copy, the displaced person mails a written appeal addressed to the Director, Office of Hearings and Appeals, Department of the Interior, Washington, D.C., in accordance with the regulations in 43 CFR Part 4, Subpart G. The decision of the Office of Hearings and Appeals, shall be final and conclusive. In connection with any appeal to the Office of Hearings and Appeals, the displaced person may be afforded an opportunity to be heard and to his offer evidence in support of appeal, as provided for in 43 CFR Part 4, Subpart G. Subpart 114-50.12-Annual Report § 114-50.1200 General. Each Bureau and Office having responsibilities for Federal or federally assisted programs that come within the purview of Public Law 91-646 shall prepare and submit an annual report to the Assistant Secretary-Policy, Budget and Adm.nistration, on its activities related to programs and policies established or authorized by the Act. This report, which is required by Section 214 of the Act, shall consist of both a narrative and statistical report. [40 FR 21860, May 19, 1975] § 114-50.1200-1 Narrative report. The narrative portion of the report should be consolidated for the Bureau and submitted, in duplicate, in the form of an attachment to a transmit tal memorandum. It shall respond to each of the items set out in the follow ing subparagraphs as the item per tains to your Bureau. Narrative com ments should be furnished for al items. If an item is not applicable to your Bureau, or if a negative response pertains to a particular item, you report should so indicate. (a) Assurance of required replace ment housing. (1) Each Bureau o Office should comment on the effec tiveness of the provisions of the Ac relating to assurances of the availabil ity of comparable decent, safe, an sanitary replacement housing for dis placed homeowners and tenants. (2) Describe the actions taken by the Bureau or Office to assure compliance with the requirements of section 205(c)(3), 206(b), and 210(3). (3) Provide information on all cour decisions affecting the Bureau o Office which concern the adequacy o replacement housing. (b) Bureau or Office actions t achieve objectives of the Act. (1) De scribe the actions taken by the Burea or Office to achieve the objectives of the policies of the Congress to provide uniform and equal treatment, to the greatest extent practicable, for all persons displaced by or having real property taken for Federal or federally assisted programs. (2) Describe the provisions adopted by the Bureau or Office for coordination with other Federal, State and local displacing agencies. (c) Progress in achieving objectives of the Act. Report the progress of the Bureau or Office in the various programs conducted or administered, indicating: (1) The success in coordinating Bureau or Office relocation activities with other Federal, State, and local agencies. (2) Bureau or Office experience and the cost of utilization of section 206(a) authority to provide replacement housing, citing difficulties, if any, in obtaining funds for this purpose and the impact on specific projects. (3) Bureau or Office experience and cost of implementing section 215, concerning loans for planning and obtaining federally insured mortgage financing for replacement housing. (4) For federally assisted programs administered by your Bureau or Office, enumerate the States not in compliance with the Act on the reporting date. If compliance by any State does not extend to any or all federally assisted programs conducted or administered by the Bureau or Office, the programs excepted should be indicated and an explanation furnished for the basis of the State's inability to comply. In all such instances, indicate the expected date for full compliance by the State. (5) Describe adverse effects of the Act, if any, on programs conducted by the Bureau or Office. (d) Effect of Act on the public. Describe any indicated effects of the relo cation program and policies on the public, reporting conclusions obtained from surveys, special studies, and other sources relating to the effects of implementation of the Act on a neighborhood or community. (e) Recommendations. Furnish your recommendations for further improvement in relocation assistance and land acquisition programs, policies, and implementing laws and regulations. Include any proposals for amendments or revisions to: (1) General Services Administration Guidelines. (2) Federal legislation. (3) State legislation. (f) Waiver of assurances of replacement housing. Describe any situations or circumstances which required a waiver of assurance of replacement housing pursuant to subsection 205(c)(3). For any waivers reported, submit the Bureau or Office findings and the determination supporting waiver of the requirements of the subsection. [38 FR 3965, Feb. 9, 1973, as amended at 40 FR 21860, May 19, 1975) § 114-50.1200-2 Statistical report. The statistical portion of the report shall be submitted in the format of Exhibits 1 and 2 of this subpart. The exhibits should be consolidated for the Bureau and submitted in duplicate. Those Bureaus administering both Federal and federally assisted programs shall submit separate consolidated exhibits for such programs. § 114-50.1200-3 Submission. The annual report shall be prepared on a fiscal year basis and submitted, in duplicate, to reach the Assistant Secretary-Policy, Budget and Administration by not later than September 1 of each year. [40 FR 21860, May 19, 1975] |